When a parolee is arrested and incarcerated pending a hearing on a parole violation charge, is he entitled to bail?
The following excerpt is from People ex rel. Ayers v. Lombard, 385 N.Y.S.2d 242, 87 Misc.2d 355 (N.Y. Cty. Ct. 1976):
He asks the court to prohibit the parole authorities from returning him to prison 'and/or' to admit him to bail. As the court informed relator in denying his previous habeas corpus application (of 5--5--76), there is no authority for bail for parolees who are arrested and incarcerated pending parole violation hearings (People ex rel. Calloway v. Skinner, 33 N.Y.2d 23, 33, 347 N.Y.S.2d 178, 183, 300 N.E.2d 716, 719).
The mere fact of an arrest, without more, will support the issuance of a parole violation warrant, and the warrant will not be rendered invalid by a subsequent 'no bill' of the underlying charges, since the standard by which the grand jury operates is not the same as that governing the parole authorities. People ex rel. West v.
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